SB2331 104TH GENERAL ASSEMBLY

LRB104 03182 BDA 13203 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2331

Introduced 2/7/2025, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

510 ILCS 77/35

Amends the Livestock Management Facilities Act. Provides that a new facility created or expanded after the effective date of the amendatory Act that serves 50 or greater animal units shall have a minimum setback distance of 2 miles from the nearest occupied residence and 2 miles from the nearest populated area.

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Livestock Management Facilities Act is amended by changing Section 35 as follows:

(510 ILCS 77/35)

Sec. 35. Setbacks for livestock management and livestock handling facilities.

(a) Grandfather provision; facilities in existence prior to July 15, 1991. Livestock management facilities and livestock waste handling facilities in existence prior to July 15, 1991 shall comply with setbacks in existence prior to July 15, 1991, as set forth in the Illinois Environmental Protection Act and rules promulgated under that Act.

(b) Grandfather provision; facilities in existence on May 21, 1996 (the effective date of the Act) and after July 15, 1991. Livestock management facilities and livestock waste handling facilities in existence on the effective date of this Act but after July 15, 1991 shall comply with setbacks in existence prior to the effective date of this Act, as set forth in the Illinois Environmental Protection Act and rules promulgated under that Act.

(c) Grandfather provision; new facilities the construction or expansion of which commenced before the effective date of this amendatory Act of the 104th General Assembly. New livestock management or livestock waste handling facilities. Any new facility the construction or expansion of which commenced before the effective date of this amendatory Act of the 104th General Assembly shall comply with the following setbacks:

(1) For purposes of determining setback distances, minimum distances shall be measured from the nearest corner of the residence or place of common assembly to the nearest corner of the earthen waste lagoon or livestock management facility, whichever is closer.

(2) A livestock management facility or livestock waste handling facility serving less than 50 animal units shall be exempt from setback distances as set forth in this Act but shall be subject to rules promulgated under the Illinois Environmental Protection Act.

(3) For a livestock management facility or waste handling facility serving 50 or greater but less than 1,000 animal units, the minimum setback distance shall be 1/4 mile from the nearest occupied residence and 1/2 mile from the nearest populated area.

(4) For a livestock management facility or livestock waste handling facility serving 1,000 or greater but less than 7,000 animal units, the setback is as follows:

(A) For a populated area, the minimum setback shall be increased 440 feet over the minimum setback of 1/2 mile for each additional 1,000 animal units over 1,000 animal units.

(B) For any occupied residence, the minimum setback shall be increased 220 feet over the minimum setback of 1/4 mile for each additional 1,000 animal units over 1,000 animal units.

(5) For a livestock management facility or livestock waste handling facility serving 7,000 or greater animal units, the setback is as follows:

(A) For a populated area, the minimum setback shall be 1 mile.

(B) For any occupied residence, the minimum setback shall be 1/2 mile.

(c-5) New facilities the construction or expansion of which commences on or after the effective date of this amendatory Act of the 104th General Assembly. New facilities the construction or expansion of which commences on or after the effective date of this amendatory Act of the 104th General Assembly shall comply with the following setbacks:

(1) For purposes of determining setback distances, minimum distances shall be measured from the nearest corner of the residence or place of common assembly to the nearest corner of the earthen waste lagoon or livestock management facility, whichever is closer.

(2) A livestock management facility or livestock waste handling facility serving less than 50 animal units shall be exempt from setback distances as set forth in this Act but shall be subject to rules adopted under the Illinois Environmental Protection Act.

(3) For a livestock management facility or waste handling facility serving 50 or greater animal units, the minimum setback distance shall be 2 miles from the nearest occupied residence and 2 miles from the nearest populated area.

(d) Requirements governing the location of a new livestock management facility and new livestock waste-handling facility and conditions for exemptions or compliance with the maximum feasible location as provided in rules adopted pursuant to the Illinois Environmental Protection Act concerning agriculture regulated pollution shall apply to those facilities identified in subsections (b), and (c), and (c-5) of this Section. With regard to the maximum feasible location requirements, any reference to a setback distance in the rules under the Illinois Environmental Protection Act shall mean the appropriate distance as set forth in this Section.

(e) Setback category shall be determined by the design capacity in animal units of the livestock management facility.

(f) Setbacks may be decreased when innovative designs as approved by the Department are incorporated into the facility.

(g) A setback may be decreased when waivers are obtained from owners of residences that are occupied and located in the setback area.

(Source: P.A. 91-110, eff. 7-13-99.)